''Société anonyme Cimenteries CBR Cementsbedrijven NV v Commission'' (1967
Case 8/66is an
EU law case, concerning
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
in the European Union.
Facts
Under (what is now)
TFEU
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...
article 101, the Council adopted Regulation 17, imposing fines on cartels, with exemptions for agreements that appeared economically beneficial. A restrictive agreement had to be notified to the commission, to decide if it was anti-competitive or exempt. Because this procedure took time, article 15(5) said undertakings had immunity from fines when the agreement was notified until the commission's decision. But under article 15(6) the immunity would not apply after the Commission informed undertakings of their preliminary examination. The
Noordwijk Cement companies got a letter under article 15(6) saying their immunity ceased, and it brought an action to quash the decision. The Commission argued their decision was not an ‘act’ that could be quashed, and was a mere opinion.
Judgment
The Court of Justice held that the decision was an act, by removing immunity under article 15(5).
See also
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European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
Notes
References
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{{DEFAULTSORT:Societe anonyme Cimenteries CBR Cementsbedrijven NV v Commission
Court of Justice of the European Union case law